Bombay High Court

PAULADSING KESHARSING DESHMUKH AND ORS.versusTHE EX. ENGINEER, M.I.W., JALGAON AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court allowed the application and directed the Registry to transmit the permitted amount to the Jalgaon court within two weeks.

Summary

The applicants, Pauladsing Kesharsing Deshmukh and others, filed a civil application seeking a direction for the Court Registry to transmit an amount previously permitted for withdrawal to the Joint Civil Judge, Senior Division, Jalgaon. The Court had earlier allowed the withdrawal of 50% of the amount deposited by the Acquiring Body. The present application requested that the transmitted amount be sent to the Jalgaon court in Darkhast No.309 of 2023. The Court allowed the application, directing the Registry to transmit the permitted amount within two weeks and permitting the applicants to withdraw it from the Jalgaon court upon furnishing the usual undertaking and appropriate security. The order also stipulated that the applicants must provide solvent security or surety to the satisfaction of the Registrar/Superintendent of the Jalgaon court.

Issues considered

Whether the Court should direct the transmission of the amount permitted for withdrawal to the Joint Civil Judge, Senior Division, Jalgaon.

Subjects

civil procedure
court order
withdrawal of deposit
transmission of funds
undertaking
security

Judgment

                                  1
                                                   934-ca-9441-2026

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

    CIVIL APPLICATION NO. 9441 OF 2026 IN FAST/6305/2022

         Pauladsing Kesharsing Deshmukh And Ors.
                         VERSUS
         The Ex. Engineer, M.i.w., Jalgaon And Ors.
                             ...
Ms. Shreya S. Battise h/f Mr. Vinod P. Patil, Advocate for
Applicants
Mr. Pratik Borge h/f Mr. A. D. Pawar, Advocate for
Respondent no.1
                            …..
                   CORAM : AJIT B. KADETHANKAR, J.
                        DATED : 21ST AUGUST, 2026
P.C. :-

.         Vide order dated 16.07.2026, this Court in Civil

Application No.7397 of 2026 permitted the present applicants

to withdraw 50% of the amount deposited by the Acquiring

Body in this Court.

2.        The present Civil Application is filed seeking direction

to the Registry of this Court to transmit the amount permitted

to be withdrawn to the Court of learned Joint Civil Judge,

Senior Division, Jalgaon in Darkhast No.309 of 2023.

3.        Civil Application is allowed. The Registry is directed to

transmit the amount permitted by this Court for withdrawal to

the Court of learned Joint Civil Judge, Senior Division,

Jalgaon within a period of two weeks.
                              2
                                               934-ca-9441-2026

4.      Applicants are permitted to withdraw the transmitted

amount from the Court of learned Joint Civil Judge, Senior

Division, Jalgaon. Applicant shall furnish usual undertaking

for withdrawal of 50% of the amount and shall furnish solvent

security/surety for withdrawal of 50% of the permitted

amount to the satisfaction of the Registrar/Superintendent of

the Court of learned Joint Civil Judge, Senior Division,

Jalgaon.



                                  ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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